L-23-206, Ohio National Pollutant Discharge Elimination System (NPDES) Permit 3IB00016 MD
| ML23255A098 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/12/2023 |
| From: | Penfield R Energy Harbor Nuclear Corp |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| L-23-206 | |
| Download: ML23255A098 (1) | |
Text
energy harbor Rod L. Penfield Site Vice President, Perry Nuclear September 12, 2023 L-23-206 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
SUBJECT:
Perry Nuclear Power Plant Docket No. 50-440, License No. NPF-58 Energy Harbor Nuclear Corp Perry Nuclear Power Plant 10 Center Road Perry, Ohio 44081 440-280-5382 724-462-0816 (cell)
Ohio National Pollutant Discharge Elimination System (NPDES) Permit 3IB00016*MD for the Perry Nuclear Power Plant Energyharbor Nuclear Operating Company herein transmits one (1) copy of the National Pollutant Discharge Elimination System (NPDES) Ohio EPA Permit No:
3IB00016*MD for the Perry Nuclear Power Plant (PNPP). This transmi ttal is required per PNPP's Envir onmental Protection Plan. There are no regulatory commitments contained in this letter. If there are any questions or if additional information is required, please contact: Mr. Glendon Burnham, Manager -Regulatory Compliance, at (440) 280-7538.
Rod L Penfield
Enclosure:
Ohio EPA Permit No: 3IB00016*MD cc: PNPP NRC Resident Inspectors Enclosure L-23-206 Ohio EPA Permit No: 3IB00016*MD Ohio EPA Permit No.: 3IB00016*MD Application No: OH0063461
Action Date: August 31, 2023 Effective Date: October 1, 2023 Expiration Date: September 30, 2028
Ohio Environmental Protection Agency Authorization to Discharge Under the National Pollutant Discharge Elimination System
In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et. seq., hereinafter referred to as the "Act"), and the Ohio Water Pollution Control Act (Ohio Revised Code Section 6111),
Energy Harbor Nuclear Corporation
is authorized by the Ohio Environmental Protection Agency, hereinafter referred to as "Ohio EPA," to discharge from the Perry Nuclear Power Plant, located at 10 Center Road, North Perry Village, Ohio, Lake County, to Lake Erie via a submerged off-shore outfall at Lake Mile 1150.6 in accordance with the conditions specified in Parts I, II, III, IV, V, and VI of this permit.
This permit is conditioned upon payment of applicable fees as required by Section 3745.11 of the Ohio Revised Code.
This permit and the authorization to discharge shall expire at midnight on the expiration date shown above. In order to receive authorization to discharge beyond the above date of expiration, the permittee shall submit such information and forms as are required by the Ohio EPA no later than 180 days prior to the above date of expiration.
Anne M. Vogel Anne M. Vogel Director
Total Pages: 54 Page 2 3IB00016*MD
PART I, A. FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1.During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 3IB00016004. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.
Table - Final Outfall - 004 - Final
Effluent Characteristic Discharge Limitations Monitoring Requirements Parameter Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00011 - Water Temperature - F - - - - - - - 1/Day Continuous All 00400 - pH - S.U. 9.0 6.5 - - - - - 1/Day Grab All 34044 - Oxidants, Total Residual - 0.025 - - - - - - When Disch. Grab All mg/l 50050 - Flow Rate - MGD - - - - - - - 1/Day Continuous All 50060 - Chlorine, Total Residual - 0.2 - - - - - - When Disch. Grab All mg/l 50092 - Mercury, Total (Low 1700 - - 6.4 0.57 - 0.0021 1/Month Grab All Level) - ng/l 78739 - Chlorination/Bromination 120 - - - - - - When Disch. 24hr Total All Duration - Minutes
Notes for Station Number 3IB00016004:
- Effluent loadings based on the following flow value of 88.23 MGD.
a.This outfall is comprised of process water, cooling water, and miscellaneous wastewater sources. The monitoring requirements and limits in this table are effective when chlorination and/or bromination occur for less than two hours (120 minutes) per day. If chlorination and/or bromination is performed for longer than two hours (120 minutes) per day, the final effluent limitations and monitoring table for Station 3IB00016094 apply.
b.Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH, eDMR users should select the "No Discharge" check box on the data entry form and PIN the eDMR.
c.The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. The daily grab samples for TRC and TRO shall represent the maximum concentration discharged during chlorination and/or bromination. Discharge limitations may be met using a dehalogenation agent, if necessary. Dehalogenation shall be achieved by using stoichiometric calculations to determine the amount of dehalogenating agent necessary to completely eliminate the residual. Analyses are to be performed by Standard Method 4500-CL E (low-level amperometric titration) or another equivalently-sensitive TRC method approved in 40 CFR 136.
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d.Report TRC on days when chlorine compounds are used (i.e. no bromine compounds). If bromine compounds (or a combination of bromine and chlorine) are utilized, report "AH" on the DMR and explain in the remarks section.
- e. TRO reflects the use of bromine compounds. Bromine can be used separately or in combination with chlorine. Report TRO ONLY on days when bromine compounds are used with or without chlorine.
f.For chlorination/bromination duration, monitoring is to be performed only on days when using chlorine and/or bromine treatment. On days when treatment is not used, report "AH" on the DMR and explain in the remarks section.
g.Mercury - See Part II, Items I, P, Q, R, and S.
h.Sampling for common parameters at stations 3IB00016004 and 3IB00016800 shall occur on the same day.
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PART I, A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 2.During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 3IB00016094. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.
Table - Fictitious Outfall/Station - 094 - Final
Effluent Characteristic Discharge Limitations Monitoring Requirements Parameter Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00011 - Water Temperature - F - - - - - - - 1/Day Continuous All 00400 - pH - S.U. 9.0 6.5 - - - - - 1/Day Grab All 34044 - Oxidants, Total Residual - 0.0048 - - - - - - When Disch. Grab All mg/l 50050 - Flow Rate - MGD - - - - - - - 1/Day Continuous All 50060 - Chlorine, Total Residual - 0.038 - - - - - - When Disch. Grab All mg/l 50092 - Mercury, Total (Low 1700 - - 6.4 0.57 - 0.0021 1/Month Grab All Level) - ng/l 78739 - Chlorination/Bromination - - - - - - - When Disch. 24hr Total All Duration - Minutes
Notes for Station Number 3IB00016094:
- Effluent loadings based on average design flow of 88.23 MGD.
a.This fictitious outfall is actually Outfall 3IB00016004. The purpose of this station is to allow the option of continuous chlorination/bromination. The monitoring requirements and limits in this table are effective when chlorination and/or bromination occur for more than two hours (120 minutes) per day. If chlorination and/or bromination is performed for less than two hours (120 minutes) per day, the final effluent limitations and monitoring table for Station 3IB00016004 apply.
b.The specified sampling shall be performed when discharging VIA THIS STATION. IF THIS STATION IS NOT UTILIZED DURING THE ENTIRE MONTH, eDMR users should select the "No Discharge" check box on the data entry form and PIN the eDMR.
c.The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. The daily grab samples for TRC and TRO shall represent the maximum concentration discharged during chlorination and/or bromination. Discharge limitations may be met using a dehalogenation agent, if necessary. Dehalogenation shall be achieved by using stoichiometric calculations to determine the amount of dehalogenating agent necessary to completely eliminate the residual. Analyses are to be performed by Standard Method 4500-CL E (low-level amperometric titration) or another equivalently-sensitive TRC method approved in 40 CFR 136.
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d.Report TRC on days when chlorine compounds are used (i.e. no bromine compounds). If bromine compounds (or a combination of bromine and chlorine) are utilized, report "AH" on the DMR and explain in the remarks section.
- e. TRO reflects the use of bromine compounds. Bromine can be used separately or in combination with chlorine. Report TRO ONLY on days when bromine compounds are used with or without chlorine.
- f. For chlorination/bromination duration, report on days when the duration is more than two hours (120 minutes) per day. For duration less than two hours (120 minutes) per day, report "AH" on the DMR and explain in the remarks section.
g.Mercury - See Part II, Item I, P, Q, R, and S.
h.Sampling for common parameters at stations 3IB00016094 and 3IB00016800 shall occur on the same day.
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PART I, A. FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
3.During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 3IB00016601. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.
Table - Internal Monitoring Station - 601 - Final
Effluent Characteristic Discharge Limitations Monitoring Requirements Parameter Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00400 - pH - S.U. - - - - - - - 1 / 2 Weeks Grab All 00530 - Total Suspended Solids - 100 - - 30 - - - 1 / 2 Weeks Grab All mg/l 00552 - Oil and Grease, Hexane Extr 20 - - 15 - - - 1 / 2 Weeks Grab All Method - mg/l 50050 - Flow Rate - MGD - - - - - - - Continuous 24hr Total All
Notes for Internal Station Number 3IB00016601:
a.This internal station is representative of the discharge from the regenerant neutralization pits.
b.Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH, eDMR users should select the "No Discharge" check box on the data entry form and PIN the eDMR.
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PART I, A. FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 4.During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 3IB00016603. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.
Table - Internal Monitoring Station - 603 - Final
Effluent Characteristic Discharge Limitations Monitoring Requirements Parameter Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00400 - pH - S.U. - - - - - - - 1 / 2 Weeks Grab All 00530 - Total Suspended Solids - 100 - - 30 - - - 1 / 2 Weeks Grab All mg/l 00552 - Oil and Grease, Hexane Extr 20 - - 15 - - - 1 / 2 Weeks Grab All Method - mg/l 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total All 70300 - Residue, Total Filterable - - - - - - - - 1/Quarter Grab Quarterly-mg/l Alt.
Notes for Internal Station Number 3IB00016603:
a.This internal station is representative of the discharge from the reverse osmosis system.
b.Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH, eDMR users should select the "No Discharge" check box on the data entry form and PIN the eDMR.
c.Quarterly-Alt. - Sampling shall be performed during the following months: March, June, September, December.
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PART I, B. INTAKE MONITORING REQUIREMENTS 1.Intake Monitoring. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee shall monitor the Intake at Station Number 3IB00016800, and report to the Ohio EPA in accordance with the following table. See Part II, OTHER REQUIREMENTS, for location of sampling.
Table - Intake Monitoring - 800 - Final
Effluent Characteristic Discharge Limitations Monitoring Requirements Parameter Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00011 - Water Temperature - F - - - - - - - 1/Day Continuous All 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Estimate All 50092 - Mercury, Total (Low Level) - - - - - - - - 1/Month Grab All ng/l
Notes for Station Number 3IB00016800:
a.Sampling for common parameters at stations 3IB00016004/3IB00016094 and 3IB00016800 shall occur on the same day.
b.Mercury - See Part II, Item I.
c.Cooling Water Intake Structure - See Part II, Items K, L, M, and N.
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PART II - OTHER REQUIREMENTS
A.Description of the location of the required sampling stations are as follows:
Sampling Station Description of Location 3IB00016004 Final effluent at a point representative of the discharge from the discharge tunnel entrance structure.
(Lat: 41N 48' 33"; Long: 81W 08' 50")
3IB00016094 Fictitious Outfall to represent Outfall 3IB00016004 for chlorination/bromination duration greater than 120 minutes/day.
3IB00016601 Internal monitoring station at a point representative of the discharge from the regenerant neutralization pits prior to entering outfall 3IB00016004
3IB00016603 Internal monitoring station at a point representative of the discharge from the reverse osmosis system prior to entering outfall 3IB00016004
3IB00016800 Intake monitoring station from Lake Erie
B.Subject to the terms and conditions of this permit, the permittee is authorized to discharge from the following outfalls and/or monitoring stations that are limited to storm water associated with industrial activity. See Parts IV, V and VI for monitoring and reporting requirements.
Sampling Station Description of Location
3IB00016005 Storm water discharge from the major stream impoundment.
(Lat: 41N 47' 58"; Long: 81W 09' 17")
3IB00016006 Storm water discharge from the northwest storm drainage impoundment.
(Lat: 41N 48' 05"; Long:81W 09' 05")
3IB00016007 Storm water discharge from the minor stream impoundment.
(Lat: 41N 48' 21"; Long: 81W 08' 29")
C. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved.
1.Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or
2.Controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable.
D.Water quality based permit limitations in this permit may be revised based on updated wasteload allocations or use designation rules. This permit may be modified, or revoked and reissued, to include Page 10 3IB00016*MD
new water quality based effluent limits or other conditions that are necessary to comply with a revised wasteload allocation, or an approved total maximum daily loads (TMDL) report as required under Section 303 (d) of the Clean Water Act.
E.Treatment Additives Written permission must be obtained from the director of the Ohio EPA prior to the use of any treatment additives discharged to waters of the state, except for those exempt in rule. If additives are being used that have not previously been approved, an approval must be obtained for continued use. Discharges of these additives must meet Ohio Water Quality Standards and shall not be harmful or inimical to aquatic life.
Request for approvals shall be filed in accordance with OAC 3745-33-03(G) and should be filed at least forty-five days prior to use or immediately if the additive is currently being used. Application forms are available for download on the DSW website:
https://epa.ohio.gov/static/Portals/35/permits/Additive-Form.docx
F.Grab samples shall be collected at such times and locations, and in such fashion, as to be representative of the facility's performance.
G.There shall be no detectable amount of any priority pollutant, including chromium and zinc, attributable to cooling tower maintenance chemicals in the cooling tower blowdown wastewater.
H.Limits Below Quantification
The parameters below have had effluent limitations established that are below the Ohio EPA Quantification Level (OEPA QL) for the approved analytical procedure promulgated at 40 CFR 136.
OEPA QLs may be expressed as Practical Quantification Levels (PQL) or Minimum Levels (ML). Compliance with an effluent limit that is below the OEPA QL is determined in accordance with ORC Section 6111.13 and OAC Rule 3745-33-07(C). For maximum effluent limits, any value reported below the OEPA QL shall be considered in compliance with the effluent limit. For average effluent limits, compliance shall be determined by taking the arithmetic mean of values reported for a specified averaging period, using zero (0) for any value reported at a concentration less than the OEPA QL, and comparing that mean to the appropriate average effluent limit. An arithmetic mean that is less than or equal to the average effluent limit shall be considered in compliance with that limit. The permittee must utilize the lowest available detection method currently approved under 40 CFR Part 136 for monitoring these parameters.
REPORTING:
All analytical results, even those below the OEPA QL (listed below), shall be reported. Analytical results are to be reported as follows:
1.Results above the QL: Report the analytical result for the parameter of concern.
2.Results above the MDL, but below the QL: Report the analytical result, even though it is below the QL.
3.Results below the MDL: Analytical results below the method detection limit shall be reported as "below detection" using the reporting code "AA".
The following table of quantification levels will be used to determine compliance with NPDES permit limits:
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Parameter PQL ML
Chlorine, tot. res. 0.050 mg/l --
Oxidants, tot. res. 0.050 mg/l --
This permit may be modified, or, alternatively, revoked and reissued, to include more stringent effluent limits or conditions if information generated as a result of the conditions of this permit indicate the presence of these pollutants in the discharge at levels above the water quality based effluent limit (WQBEL).
I. The permittee shall use EPA Method 1631 promulgated under 40 CFR 136 to comply with the intake and effluent mercury monitoring requirements of this permit.
J.There shall be no discharge of polychlorinated biphenyl compounds attributable to the permittee's operations.
Nothing in this permit authorizes take for the purposes of a facility's compliance with the Endangered Species Act.
L.Cooling Water Intake Structure Minimization of Entrainment and Impingement
The permittee operates a cooling water intake structure which is designed to withdraw 101.5 MGD. The permittee shall reduce impingement mortality and entrainment commensurate with the implementation of the technologies or operational measures selected. Based on the selected technologies and operational measures below, Ohio EPA has determined that the cooling water intake structure represents the best technology available to minimize adverse environmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. section 1326).
Water is withdrawn from Lake Erie through two intake structures located 2,650 feet offshore. The facility utilizes travelling screens with 3/8 square mesh openings to exclude debris from the intake water. The through-screen design velocity is 0.23 ft/s at the end cap. The permittee meets the impingement standard by having a design velocity of less than 0.5 ft/s.
The closed-cycle recirculating cooling system operates on 2.5 cycles of concentration and achieves approximately 93-percent reduction (from original baseline water intake of 1,656 MGD) in water withdrawal.
M.Cooling Water Intake Structure Monitoring Requirements
The permittee is required to perform the following monitoring to ensure that any technologies operated to comply with 40 CFR 125.94 are maintained and operated to function as designed including those installed to protect Federally-listed threatened or endangered species or designated critical habitat.
1.Visual or Remote Inspections
The permittee shall either conduct weekly visual inspections or employ remote monitoring devices during the period the cooling water intake structure is in operation. Inspections are not required for the off-shore intake crib.
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Should the facility be performing work or an inspection on the offshore intake scheduled as a result of maintenance or conditions required by other regulatory agencies, the permittee shall also perform an inspection (remotely or visually) of the offshore intake for 316(b) purposes. The inspection, for 316(b) purposes, will ensure that the offshore intake is being operated with good engineering and maintenance practices. The results of the inspection shall be documented and retained by the facility for Agency review until the subsequent permit is issued.
N.Cooling Water Intake Structure Record Keeping and Reporting Requirements
1.Record Keeping Requirements
The permittee shall keep records of all the data used to complete the permit application and show compliance with the requirements of the 316(b) regulations until the subsequent permit is re-issued.
2.Reporting Requirements
The permittee shall submit an annual certification statement signed by the responsible corporate officer indicating whether there have been any substantial modifications of any units that impact the cooling water withdrawals and a summary of those changes. In addition, revisions must be submitted to the information required at 40 CFR 122.21(r) during the next permit application when new information is available.
O.Notification to Public Water Supply Operators
1.As required by the Ohio Administrative Code 3745-33-08(F), permits for facilities designated by the director as major discharges, in the following locations, shall require the permittee to notify the public water supply operator as soon as practicable after a discharge begins that results from a spill, separate sewer overflow, bypass, upset, or combined sewer overflow that reaches waters of the state:
a.Discharges within three thousand feet of a public water supply intake located in a lake; or
b.Discharges within ten stream miles upstream of a public water supply intake located in a reservoir or any other surface water of the state.
2.Public water supply meeting the criteria in Part II, Item O.1 for the Perry Nuclear Power Plant is:
Lake County Department of Utilities Bacon Road Water Treatment Facility East Subdistrict 1845 Lake Road Painesville Township, Ohio 44077
P.General Mercury Variance Renewal
The permittee is granted a renewal of the general mercury variance under the provisions of Rule 3745 38(H) of the Ohio Administrative Code. The Perry Nuclear Power Plant has demonstrated that the facility is currently unable to comply with the monthly average water quality based effluent limit of 1.3 ng/l without construction of expensive end-of-pipe controls more stringent than those required by sections 301(b) and 306 of the Clean Water Act. The Perry Nuclear Power Plant is currently able to achieve an annual average mercury concentration of 12 ng/l. For general mercury variance purposes, the annual average mercury effluent concentration is defined as the average of the most recent 12 months of effluent data.
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One of the conditions of the general mercury variance is that the permittee make reasonable progress towards attaining the water quality based effluent limits for mercury (1.b, below). To accomplish this the permittee is required to implement a pollutant minimization program (PMP) for mercury. The elements of a PMP include: a control strategy to locate, identify and, where cost-effective, reduce levels of mercury that contribute to discharge levels; periodic monitoring of sources and the treatment system; and annual reporting of results.
The plan of study that was part of the permittee's application for coverage under the general mercury variance includes items associated with developing a control strategy and initial implementation of a PMP. Condition 1.d, below, requires the permittee to implement the plan of study. By implementing the plan of study and meeting other conditions of this NPDES permit, the permittee is taking actions consistent with a PMP for mercury.
1.As conditions of this variance, the permittee shall meet the following requirements:
a.The permittee shall comply with the effluent limitations for mercury at outfall(s) 3IB00016004/3IB00016094 given in Part I, A of this permit.
b.The permittee shall make reasonable progress towards attaining the monthly average water quality based effluent limit for mercury by complying with the general mercury variance conditions included in this NPDES permit.
c.The permittee shall use EPA Method 1631 to comply with the intake and effluent mercury monitoring requirements of this permit.
d.The permittee shall implement the plan of study as included in the permittee's mercury variance application submitted on March 3, 2023, including the following summary of requirements:
i.Continued mercury sampling of final outfall 3IB00016004/3IB00016094 and raw water intake station 3IB00016800.
ii.Sampling of atmospheric deposition of mercury.
iii.Evaluation of treatment chemicals for the presence of mercury.
e.The permittee shall assess the impact of the mercury variance on public health, safety, and welfare by, as a minimum, monitoring for mercury in the facility's intake and effluent as required by this NPDES permit.
f.The permittee shall achieve an annual average mercury effluent concentration equal to or less than 12 ng/l.
g.On or prior to March 1 of each year, the permittee shall submit two copies of an annual PMP report to Ohio EPA, Division of Surface Water, NPDES Permit Unit, P.O. Box 1049, Columbus, OH, 43216-1049.
The annual PMP report shall include:
i.All minimization program monitoring results for the year
ii.A list of potential sources of mercury
iii.A summary of all actions taken to meet the effluent limits for mercury Page 14 3IB00016*MD
iv.Any updates of the control strategy, including actions planned to reduce the levels of mercury in the facility's final effluent.
The Ohio EPA Annual Mercury PMP Report and Appendices are available on the Division of Surface Water Permits Program Technical Assistance web page at the following website. Open the Mercury list.
https://epa.ohio.gov/divisions-and-offices/surface-water/guides-manuals/permits-program-technical-assistance
h.Upon completion of the actions identified in the plan of study as required in Part II, Item P.1.d. of this permit or upon submittal of the permittee's NPDES permit renewal application, whichever comes first, the permittee shall submit to Ohio EPA's Northeast District Office a certification stating that all permit conditions imposed to implement the plan of study and the PMP have been satisfied and whether compliance with the monthly average water quality based effluent limit for mercury has been achieved and can be maintained. This certification shall be accompanied by the following:
i.All available mercury influent and effluent data for the most recent 12-month period.
ii.Data documenting all known significant sources of mercury and the steps that have been taken to reduce or eliminate those sources; and
iii.A determination of the lowest mercury concentration that currently available data indicate can be reliably achieved through implementation of the PMP.
2.Exceedance of annual average limit of 12 ng/l.
a.If at any time after the effective date of this permit modification, the permittee's annual average of 12 ng/l or after the Director's final approval of a variance renewal, whichever is earlier, the permittee's annual average mercury effluent concentration exceeds 12 ng/l, the permittee shall:
i.Notify Ohio EPA's Northeast District Office not later than 30 days from the date of the exceedance.
ii.Submit an individual variance application, if a variance is desired, not later than 6 months from the date of the exceedance; or
iii.Request a permit modification not later than 6 months from the date of the exceedance for a compliance schedule to attain compliance with the water quality based effluent limits for mercury.
b.If the permittee complies with either 2.a.ii or 2.a.iii, above, the general mercury variance conditions included in this NPDES permit will remain in effect until the date that the Director acts on the individual variance application or the date that the permit modification becomes effective.
c.If the permittee does not comply with either 2.a.ii or 2.a.iii, above, a monthly water-quality based effluent limit for mercury of 1.3 ng/l shall apply at outfall 3IB00016004/3IB00016094 beginning 6 months from the date of the exceedance.
3.The requirements of Part II, Item P.2 shall not apply if the permittee demonstrates to the satisfaction of the Director that the mercury concentration in the permittee's effluent exceeds 12 ng/l due primarily to the presence of mercury in the permittee's intake water.
Q.Permit Reopener for Mercury Variance Revisions Page 15 3IB00016*MD
Ohio EPA may reopen and modify this permit at any time based upon Ohio EPA water quality standard revisions to the mercury variance granted in Part II, Item P of this permit.
R.Renewal of Mercury Variance
For renewal of the mercury variance authorized in this permit, the permittee shall include the following information with the submittal of the subsequent NPDES permit renewal application:
1.the certification described under Part II, Item P.1.h., and all information required under Part II, Item P.1.h.i. through Part II, Item P.1.h.iii;
2.a status report on the progress being made implementing the pollutant minimization program (PMP).
This information may be included in the annual PMP report required under Part II, Item P.1.g;
3.a listing of the strategies and/or programs in the PMP which will be continued under the next renewal of this permit; and
4.a statement requesting the renewal of the mercury variance.
S.Mercury in the Intake Water
It is acknowledged that intake water from Lake Erie used in Perry Nuclear Power Plant's operation contains or is the source of the vast majority of mercury loadings that are ultimately discharged from this outfall and variations of ambient water quality in the intake water are beyond the control of permittee.
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PART III - GENERAL CONDITIONS
1.DEFINITIONS
"Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day.
"Average weekly" discharge limitation means the highest allowable average of "daily discharges over a calendar week, calculated as the sum of all "daily discharges measured during a calendar week divided by the number of "daily discharges measured during that week. Each of the following 7-day periods is defined as a calendar week: Week 1 is Days 1 - 7 of the month; Week 2 is Days 8 - 14; Week 3 is Days 15
-21; and Week 4 is Days 22 - 28. If the "daily discharge" on days 29, 30 or 31 exceeds the "average weekly" discharge limitation, Ohio EPA may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28. Compliance with fecal coliform bacteria or E.coli bacteria limitations shall be determined using the geometric mean.
"Average monthly" discharge limitation means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. Compliance with fecal coliform bacteria or E coli bacteria limitations shall be determined using the geometric mean.
"85 percent removal" means the arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period.
"Absolute Limitations" Compliance with limitations having descriptions of "shall not be less than," "nor greater than," "shall not exceed," "minimum," or "maximum" shall be determined from any single value for effluent samples and/or measurements collected.
"Net concentration" shall mean the difference between the concentration of a given substance in a sample taken of the discharge and the concentration of the same substances in a sample taken at the intake which supplies water to the given process. For the purpose of this definition, samples that are taken to determine the net concentration shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day.
"Net Load" shall mean the difference between the load of a given substance as calculated from a sample taken of the discharge and the load of the same substance in a sample taken at the intake which supplies water to given process. For purposes of this definition, samples that are taken to determine the net loading shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day.
"MGD" means million gallons per day.
"mg/l" means milligrams per liter.
"ug/l" means micrograms per liter.
"ng/l" means nanograms per liter.
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"S.U." means standard pH unit.
"kg/day" means kilograms per day.
"Reporting Code" is a five digit number used by the Ohio EPA in processing reported data. The reporting code does not imply the type of analysis used nor the sampling techniques employed.
"Quarterly (1/Quarter) sampling frequency" means the sampling shall be done in the months of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table.
"Yearly (1/Year) sampling frequency" means the sampling shall be done in the month of September, unless specifically identified otherwise in the effluent limitations and monitoring requirements table.
"Semi-annual (2/Year) sampling frequency" means the sampling shall be done during the months of June and December, unless specifically identified otherwise.
"Winter" shall be considered to be the period from November 1 through April 30.
Bypass" means the intentional diversion of waste streams from any portion of the treatment facility.
"Summer" shall be considered to be the period from May 1 through October 31.
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
"Sewage sludge" means a solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works as defined in section 6111.01 of the Revised Code. "Sewage sludge" includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of domestic sewage in a treatment works, animal manure, residue generated during treatment of animal manure, or domestic septage.
"Sewage sludge weight" means the weight of sewage sludge, in dry U.S. tons, including admixtures such as liming materials or bulking agents. Monitoring frequencies for sewage sludge parameters are based on the reported sludge weight generated in a calendar year (use the most recent calendar year data when the NPDES permit is up for renewal).
"Sewage sludge fee weight" means the weight of sewage sludge, in dry U.S. tons, excluding admixtures such as liming materials or bulking agents. Annual sewage sludge fees, as per section 3745.11(Y) of the Ohio Revised Code, are based on the reported sludge fee weight for the most recent calendar year.
Page 18 3IB00016*MD
2.GENERAL EFFLUENT LIMITATION
The effluent shall, at all times, be free of substances:
A.In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or that will adversely affect aquatic life or water fowl;
B.Of an oily, greasy, or surface-active nature, and of other floating debris, in amounts that will form noticeable accumulations of scum, foam, or sheen;
C.In amounts that will alter the natural color or odor of the receiving water to such degree as to create a nuisance;
D.In amounts that either singly or in combination with other substances are toxic to human, animal, or aquatic life;
E.In amounts that are conducive to the growth of aquatic weeds or algae to the extent that such growth become inimical to more desirable forms of aquatic life, or create conditions that are unsightly, or constitute a nuisance in any other fashion;
F.In amounts that will impair designated instream or downstream water uses
3.FACILITY OPERATION AND QUALITY CONTROL
All wastewater treatment works shall be operated in a manner consistent with the following:
A.At all times, the permittee shall maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee necessary to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with conditions of the permit.
B.The permittee shall effectively monitor the operation and efficiency of treatment and control facilities and the quantity and quality of the treated discharge.
C.Maintenance of wastewater treatment works that results in degradation of effluent quality shall be scheduled during non-critical water quality periods and shall be carried out in a manner approved by Ohio EPA as specified in the Paragraph in the PART III entitled, "UNAUTHORIZED DISCHARGES".
4.REPORTING
A.Monitoring data required by this permit shall be submitted monthly on Ohio EPA 4500 Discharge Monitoring Report (DMR) forms using the electronic DMR (e-DMR) internet application. e-DMR allows permitted facilities to enter, sign, and submit DMRs on the internet. e-DMR information is found on the following web page:
https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/electronic-business-services Page 19 3IB00016*MD
B.DMRs shall be signed by a facility's Responsible Official or a Delegated Responsible Official (i.e. a person delegated by the Responsible Official). The Responsible Official of a facility is defined as:
1.For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (a) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2.For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
3.In the case of a municipal, state or other public facility, by either the principal executive officer, the ranking elected official or other duly authorized employee.
For e-DMR, the person signing and submitting the DMR will need to obtain an eBusiness Center account and Personal Identification Number (PIN). Additionally, Delegated Responsible Officials must be delegated by the Responsible Official, either on-line using the eBusiness Center's delegation function, or on a paper delegation form provided by Ohio EPA. For more information on the PIN and delegation processes, please view the following web page:
https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/electronic-business-services-sub/edmr
C.DMRs submitted using e-DMR shall be submitted to Ohio EPA by the 20th day of the month following the month-of-interest.
D.If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified in Section 5. SAMPLING AND ANALYTICAL METHODS, the results of such monitoring shall be included in the calculation and reporting of the values required in the reports specified above.
E.Analyses of pollutants not required by this permit, except as noted in the preceding paragraph, shall not be reported to the Ohio EPA, but records shall be retained as specified in Section 7. RECORDS RETENTION.
5.SAMPLING AND ANALYTICAL METHOD
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored flow. Test procedures for the analysis of pollutants shall conform to regulation 40 CFR 136, "Test Procedures For The Analysis of Pollutants" unless other test procedures have been specified in this permit. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to ensure accuracy of measurements.
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6.RECORDING OF RESULTS
For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:
A.The exact place and date of sampling; (time of sampling not required on EPA 4500)
B.The person(s) who performed the sampling or measurements;
C.The date the analyses were performed on those samples;
D.The person(s) who performed the analyses;
E.The analytical techniques or methods used; and
F.The results of all analyses and measurements.
7.RECORDS RETENTION
The permittee shall retain all of the following records for the wastewater treatment works for a minimum of three years except those records that pertain to sewage sludge disposal, use, storage, or treatment, which shall be kept for a minimum of five years, including:
A.All sampling and analytical records (including internal sampling data not reported);
B.All original recordings for any continuous monitoring instrumentation;
C.All instrumentation, calibration and maintenance records;
D.All plant operation and maintenance records;
E.All reports required by this permit; and
F.Records of all data used to complete the application for this permit for a period of at least three years, or five years for sewage sludge, from the date of the sample, measurement, report, or application.
These periods will be extended during the course of any unresolved litigation, or when requested by the Regional Administrator or the Ohio EPA. The three year period, or five year period for sewage sludge, for retention of records shall start from the date of sample, measurement, report, or application.
8.AVAILABILITY OF REPORTS
Except for data determined by the Ohio EPA to be entitled to confidential status, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the appropriate district offices of the Ohio EPA. Both the Clean Water Act and Section 6111.05 Ohio Revised Code state that effluent data and receiving water quality data shall not be considered confidential.
9.DUTY TO PROVIDE INFORMATION
The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating the Page 21 3IB00016*MD
permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.
10.RIGHT OF ENTRY
The permittee shall allow the Director or an authorized representative upon presentation of credentials and other documents as may be required by law to:
A.Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit.
B.Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit.
C.Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit.
D.Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
11.UNAUTHORIZED DISCHARGES
A.Bypass Not Exceeding Limitations - The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs 11.B and 11.C.
B.Notice
1.Anticipated Bypass - If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass.
2.Unanticipated Bypass - The permittee shall submit notice of an unanticipated bypass as required in paragraph 12.B (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice).
C.Prohibition of Bypass
1.Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass, unless:
a.Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b.There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c.The permittee submitted notices as required under paragraph 11.B.
2.The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in paragraph 11.C.1.
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12.NONCOMPLIANCE NOTIFICATION
A.Exceedance of a Daily Maximum Discharge Limit
1.The permittee shall report noncompliance that is the result of any violation of a daily maximum discharge limit for any of the pollutants listed by the Director in the permit by e-mail or telephone within twenty-four (24) hours of discovery.
The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred):
Southeast District Office: sedo24hournpdes@epa.ohio.gov Southwest District Office: swdo24hournpdes@epa.ohio.gov Northwest District Office: nwdo24hournpdes@epa.ohio.gov Northeast District Office: nedo24hournpdes@epa.ohio.gov Central District Office: cdo24hournpdes@epa.ohio.gov Central Office: co24hournpdes@epa.ohio.gov
The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site under the Monitoring and Reporting - Non-Compliance Notification section:
https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/individual-wastewater-discharge-permits
Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows:
Southeast District Office: (800) 686-7330 Southwest District Office: (800) 686-8930 Northwest District Office: (800) 686-6930 Northeast District Office: (800) 686-6330 Central District Office: (800) 686-2330 Central Office: (614) 644-2001
The permittee shall include the following information in the telephone noncompliance report:
a.The name of the permittee, and a contact name and telephone number;
b.The limit(s) that has been exceeded;
c.The extent of the exceedance(s);
d.The cause of the exceedance(s);
e.The period of the exceedance(s) including exact dates and times;
f.If uncorrected, the anticipated time the exceedance(s) is expected to continue; and,
g.Steps taken to reduce, eliminate or prevent occurrence of the exceedance(s).
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B.Other Permit Violations
1.The permittee shall report noncompliance that is the result of any unanticipated bypass resulting in an exceedance of any effluent limit in the permit or any upset resulting in an exceedance of any effluent limit in the permit by e-mail or telephone within twenty-four (24) hours of discovery.
The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred):
Southeast District Office: sedo24hournpdes@epa.ohio.gov Southwest District Office: swdo24hournpdes@epa.ohio.gov Northwest District Office: nwdo24hournpdes@epa.ohio.gov Northeast District Office: nedo24hournpdes@epa.ohio.gov Central District Office: cdo24hournpdes@epa.ohio.gov Central Office: co24hournpdes@epa.ohio.gov
The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site under the Monitoring and Reporting - Non-Compliance Notification section:
https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/individual-wastewater-discharge-permits
Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows:
Southeast District Office: (800) 686-7330 Southwest District Office: (800) 686-8930 Northwest District Office: (800) 686-6930 Northeast District Office: (800) 686-6330 Central District Office: (800) 686-2330 Central Office: (614) 644-2001
The permittee shall include the following information in the telephone noncompliance report:
a.The name of the permittee, and a contact name and telephone number;
b.The time(s) at which the discharge occurred, and was discovered;
c.The approximate amount and the characteristics of the discharge;
d.The stream(s) affected by the discharge;
e.The circumstances which created the discharge;
f.The name and telephone number of the person(s) who have knowledge of these circumstances;
g.What remedial steps are being taken; and,
h.The name and telephone number of the person(s) responsible for such remedial steps.
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2.The permittee shall report noncompliance that is the result of any spill or discharge which may endanger human health or the environment within thirty (30) minutes of discovery by calling the 24-Hour Emergency Hotline toll-free at (800) 282-9378. The permittee shall also report the spill or discharge by e-mail or telephone within twenty-four (24) hours of discovery in accordance with B.1 above.
C.When the telephone option is used for the noncompliance reports required by A and B, the permittee shall submit to the appropriate Ohio EPA district office a confirmation letter and a completed noncompliance report within five (5) days of the discovery of the noncompliance. This follow up report is not necessary for the e-mail option which already includes a completed noncompliance report.
D.If the permittee is unable to meet any date for achieving an event, as specified in a schedule of compliance in their permit, the permittee shall submit a written report to the appropriate Ohio EPA district office within fourteen (14) days of becoming aware of such a situation. The report shall include the following:
1.The compliance event which has been or will be violated;
2.The cause of the violation;
3.The remedial action being taken;
4.The probable date by which compliance will occur; and,
5.The probability of complying with subsequent and final events as scheduled.
E.The permittee shall report all other instances of permit noncompliance not reported under paragraphs A or B of this section on their monthly DMR submission. The DMR shall contain comments that include the information listed in paragraphs A or B as appropriate.
F.If the permittee becomes aware that it failed to submit an application, or submitted incorrect information in an application or in any report to the director, it shall promptly submit such facts or information.
13.RESERVED
14.DUTY TO MITIGATE
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
15.AUTHORIZED DISCHARGES
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than, or at a level in excess of, that authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such violations may result in the imposition of civil and/or criminal penalties as provided for in Section 309 of the Act and Ohio Revised Code Sections 6111.09 and 6111.99.
16.DISCHARGE CHANGES
The following changes must be reported to the appropriate Ohio EPA district office as soon as practicable:
Page 25 3IB00016*MD
A.For all treatment works, any significant change in character of the discharge which the permittee knows or has reason to believe has occurred or will occur which would constitute cause for modification or revocation and reissuance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
Notification of permit changes or anticipated noncompliance does not stay any permit condition.
B.For publicly owned treatment works:
1.Any proposed plant modification, addition, and/or expansion that will change the capacity or efficiency of the plant;
2.The addition of any new significant industrial discharge; and
3.Changes in the quantity or quality of the wastes from existing tributary industrial discharges which will result in significant new or increased discharges of pollutants.
C.For non-publicly owned treatment works, any proposed facility expansions, production increases, or process modifications, which will result in new, different, or increased discharges of pollutants.
Following this notice, modifications to the permit may be made to reflect any necessary changes in permit conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. A determination will also be made as to whether a National Environmental Policy Act (NEPA) review will be required. Sections 6111.44 and 6111.45, Ohio Revised Code, require that plans for treatment works or improvements to such works be approved by the Director of the Ohio EPA prior to initiation of construction.
D.In addition to the reporting requirements under 40 CFR 122.41(l) and per 40 CFR 122.42(a), all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Director as soon as they know or have reason to believe:
1.That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis of any toxic pollutant which is not limited in the permit. If that discharge will exceed the highest of the "notification levels" specified in 40 CFR Sections 122.42(a)(1)(i) through 122.42(a)(1)(iv).
2.That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the "notification levels" specified in 122.42(a)(2)(i) through 122.42(a)(2)(iv).
17.TOXIC POLLUTANTS
The permittee shall comply with effluent standards or prohibitions established under Section 307 (a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.
Following establishment of such standards or prohibitions, the Director shall modify this permit and so notify the permittee.
18.PERMIT MODIFICATION OR REVOCATION
A.After notice and opportunity for a hearing, this permit may be modified or revoked, by the Ohio EPA, in whole or in part during its term for cause including, but not limited to, the following:
Page 26 3IB00016*MD
1.Violation of any terms or conditions of this permit;
2.Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
3.Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
B.Pursuant to rule 3745-33-04, Ohio Administrative Code, the permittee may at any time apply to the Ohio EPA for modification of any part of this permit. The filing of a request by the permittee for a permit modification or revocation does not stay any permit condition. The application for modification should be received by the appropriate Ohio EPA district office at least ninety days before the date on which it is desired that the modification become effective. The application shall be made only on forms approved by the Ohio EPA.
19.TRANSFER OF OWNERSHIP OR CONTROL
This permit may be transferred or assigned and a new owner or successor can be authorized to discharge from this facility, provided the following requirements are met:
A.The permittee shall notify the succeeding owner or successor of the existence of this permit by a letter, a copy of which shall be forwarded to the appropriate Ohio EPA district office. The copy of that letter will serve as the permittee's notice to the Director of the proposed transfer. The copy of that letter shall be received by the appropriate Ohio EPA district office sixty (60) days prior to the proposed date of transfer;
B.A written agreement containing a specific date for transfer of permit responsibility and coverage between the current and new permittee (including acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations from that date on) shall be submitted to the appropriate Ohio EPA district office within sixty days after receipt by the district office of the copy of the letter from the permittee to the succeeding owner;
At any time during the sixty (60) day period between notification of the proposed transfer and the effective date of the transfer, the Director may prevent the transfer if he concludes that such transfer will jeopardize compliance with the terms and conditions of the permit. If the Director does not prevent transfer, he will modify the permit to reflect the new owner.
20.OIL AND HAZARDOUS SUBSTANCE LIABILITY
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Clean Water Act.
21.SOLIDS DISPOSAL
Collected grit and screenings, and other solids other than sewage sludge, shall be disposed of in such a manner as to prevent entry of those wastes into waters of the state, and in accordance with all applicable laws and rules.
22.CONSTRUCTION AFFECTING NAVIGABLE WATERS
This permit does not authorize or approve the construction of any onshore or offshore physical structures Page 27 3IB00016*MD
or facilities or the undertaking of any work in any navigable waters.
23.CIVIL AND CRIMINAL LIABILITY
Except as exempted in the permit conditions on UNAUTHORIZED DISCHARGES or UPSETS, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.
24.STATE LAWS AND REGULATIONS
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved by Section 510 of the Clean Water Act.
25.PROPERTY RIGHTS
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations.
26.UPSET
The provisions of 40 CFR Section 122.41(n), relating to "Upset," are specifically incorporated herein by reference in their entirety. For definition of "upset," see Part III, Paragraph 1, DEFINITIONS.
27.SEVERABILITY
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
28.SIGNATORY REQUIREMENTS
All applications submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR 122.22.
All reports submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR Section 122.22.
29.OTHER INFORMATION
A.Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information.
B.ORC 6111.99 provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 per violation.
C.ORC 6111.99 states that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit Page 28 3IB00016*MD
including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation.
D.ORC 6111.99 provides that any person who violates Sections 6111.04, 6111.042, 6111.05, or division (A)of Section 6111.07 of the Revised Code shall be fined not more than $25,000 or imprisoned not more than one year, or both.
30.NEED TO HALT OR REDUCE ACTIVITY
40 CFR 122.41(c) states that it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with conditions of this permit.
31.APPLICABLE FEDERAL RULES
All references to 40 CFR in this permit mean the version of 40 CFR which is effective as of the effective date of this permit.
32.AVAILABILITY OF PUBLIC SEWERS
Notwithstanding the issuance or non-issuance of an NPDES permit to a semi-public disposal system, whenever the sewage system of a publicly owned treatment works becomes available and accessible, the permittee operating any semi-public disposal system shall abandon the semi-public disposal system and connect it into the publicly owned treatment works.
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PART IV. STORMWATER CONTROL MEASURES AND POLLUTION PREVENTION PROGRAMS
In Part IV and in Part VI, the term "minimize" means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice.
A.Control Measures
You shall select, design, install, and implement control measures (including best management practices) to address the selection and design considerations in Part IV.B, and meet the control measures/best management practices in Part IV.C and any applicable numeric effluent limits in Part I. The selection, design, installation, and implementation of these control measures shall be in accordance with good engineering practices and manufacturer's specifications. Note that you may deviate from such manufacturer's specifications where you provide justification for such deviation and include documentation of your rationale in the part of your SWPPP that describes your control measures, consistent with Part IV.J.3. If you find that your control measures are not achieving their intended effect of minimizing pollutant discharges, you shall modify these control measures as expeditiously as practicable. Regulated stormwater discharges from your facility include stormwater run-on that commingles with stormwater discharges associated with industrial activity at your facility.
B.Control Measure Selection and Design Considerations
You shall consider the following when selecting and designing control measures:
- 1. Preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;
- 2. Using control measures in combination is more effective than using control measures in isolation for minimizing pollutants in your stormwater discharge;
- 3. Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures that will achieve the limits in this permit;
- 4. Minimizing impervious areas at your facility and infiltrating runoff onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce runoff and improve groundwater recharge and stream base flows in local streams, although care shall be taken to avoid ground water contamination;
- 5. Attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;
- 6. Conserving and/or restoring of riparian buffers will help protect streams from stormwater runoff and improve water quality; and
- 7. Using treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
C.Control Measures/Best Management Practices (BMPs)
- 1. Minimize Exposure. You shall minimize the exposure of manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling Page 30 3IB00016*MD
operations) to rain, snow, snowmelt, and runoff by either locating these industrial materials and activities inside or protecting them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended). In minimizing exposure, you should pay particular attention to the following:
a.Use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from these areas;
b.Locate materials, equipment, and activities so that leaks are contained in existing containment and diversion systems (confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas);
c.Clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants;
d.Use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible;
e.Use spill/overflow protection equipment;
f.Drain fluids from equipment and vehicles prior to on-site storage or disposal;
g.Perform all cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also that capture any overspray; and
h.Ensure that all washwater drains to a proper collection system (i.e., not the stormwater drainage system).
If the discharge of vehicle and equipment washwater is not authorized under Part I of this permit, these wastewaters must be discharged to sanitary sewer in accordance with applicable industrial pretreatment requirements or disposed of otherwise in accordance with applicable law.
Note: Industrial materials do not need to be enclosed or covered if stormwater runoff from affected areas will not be discharged to receiving waters or if discharges are authorized under Part I of this permit.
- 2. Good Housekeeping. You shall keep clean all exposed areas that are potential sources of pollutants, using such measures as sweeping at regular intervals, keeping materials orderly and labeled, and storing materials in appropriate containers.
- 3. Maintenance. You shall regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in stormwater discharged to receiving waters. You shall maintain all control measures that are used to achieve the control measures/best management practices (BMPs) required by this permit in effective operating condition. Nonstructural control measures shall also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If you find that your control measures need to be replaced or repaired, you shall make the necessary repairs or modifications as expeditiously as practicable.
- 4. Spill Prevention and Response Procedures. You shall minimize the potential for leaks, spills and other releases that may be exposed to stormwater and develop plans for effective response to such spills if or when they occur. At a minimum, you shall implement:
Page 31 3IB00016*MD
a.Procedures for plainly labeling containers (e.g., "Used Oil", "Spent Solvents", "Fertilizers and Pesticides", etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;
b.Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling;
c.Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals should be a member of your stormwater pollution prevention team (Part IV.J.1); and
d.Procedures for notification of appropriate facility personnel, emergency response agencies, and regulatory agencies. Where a leak, spill or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period, you shall notify the Ohio EPA in accordance with the requirements of Part III Item 12 of this permit as soon as you have knowledge of the discharge. Contact information shall be in locations that are readily accessible and available.
- 5. Erosion and Sediment Controls. You shall stabilize exposed areas and contain runoff using structural and/or non-structural control measures to minimize onsite erosion and sedimentation, and the resulting discharge of pollutants. Among other actions you shall take to meet this limit, you shall place flow velocity dissipation devices at discharge locations and within outfall channels where necessary to reduce erosion and/or settle out pollutants. In selecting, designing, installing, and implementing appropriate control measures, you are encouraged to consult with the current edition of Ohio's Rainwater and Land Development manual (https://epa.ohio.gov/divisions-and-offices/surface-water/guides-manuals/rainwater-and-land-development), U.S. EPA's internet-based resources relating to BMPs for erosion and sedimentation, including the sector-specific Industrial Storm Water Fact Sheet Series, (https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance),
National Menu of Storm Water BMPs (https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater), and National Management Measures to Control Nonpoint Source Pollution from Urban Areas (https://www.epa.gov/nps/urban-runoff-national-management-measures).
- 6. Management of Runoff. You shall divert, infiltrate, reuse, contain, or otherwise reduce stormwater runoff, to minimize pollutants in your discharges. In selecting, designing, installing, and implementing appropriate control measures, you are encouraged to consult with the current edition of Ohio's Rainwater and Land Development manual (https://epa.ohio.gov/divisions-and-offices/surface-water/guides-manuals/rainwater-and-land-development), U.S. EPA's internet-based resources relating to runoff management, including the sector-specific Industrial Storm Water Fact Sheet Series, (https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-fact-sheets-and-guidance),
National Menu of Storm Water BMPs (https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater), and National Management Measures to Control Nonpoint Source Pollution from Urban Areas (https://www.epa.gov/nps/urban-runoff-national-management-measures).
- 7. Salt Storage Piles or Piles Containing Salt. You shall enclose or cover storage piles of salt, or piles containing salt, used for deicing or other commercial or industrial purposes, including maintenance of paved surfaces. You shall implement appropriate measures (e.g., good housekeeping, diversions, containment) to minimize exposure resulting from adding to or removing materials from the pile.
- 8. Sector Specific Control Measures/Best Management Practices (BMPs). You shall achieve any Page 32 3IB00016*MD
additional control measures/best management practices (BMPs) stipulated in the relevant sector-specific section(s) of Part IV.K. of this permit.
- 9. Employee Training. You shall train all employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to meet the conditions of this permit (e.g., inspectors, maintenance personnel), including all members of your Pollution Prevention Team. Training shall cover both the specific control measures used to achieve the conditions in this Part, and monitoring, inspection, planning, reporting, and documentation requirements in other parts of this permit. Ohio EPA requires that training be conducted at least annually (or more often if employee turnover is high).
- 10. Non-Stormwater Discharges. You shall eliminate non-stormwater discharges not authorized in Part I and Part II of this NPDES permit. The following are additional non-stormwater discharges authorized under this permit:
- a. Discharges from fire-fighting activities (not planned exercises);
- b. Fire hydrant flushings;
- c. Potable water, including water line flushings;
- d. Uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gases or liquids;
- e. Irrigation drainage;
- f. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;
- g. Pavement wash waters where no detergents or hazardous cleaning products are used (e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols, etc.), and the wash waters do not come into contact with oil and grease deposits, sources of pollutants associated with industrial activities (see Part IV.J.2), or any other toxic or hazardous materials, unless residues are first cleaned up using dry clean-up methods (e.g., applying absorbent materials and sweeping, using hydrophobic mops/rags) and you have implemented appropriate control measures to minimize discharges of mobilized solids and other pollutants (e.g., filtration, detention, settlement);
- h. Routine external building washdown/power wash water that does not use detergents or hazardous cleaning products (e.g., those containing bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols, etc.);
- i. Uncontaminated ground water or spring water;
- j. Foundation or footing drains where flows are not contaminated with process materials; and
- k. Incidental windblown mist from cooling towers that collect on rooftops or adjacent portions of your facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdowns or drains).
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- 11. Waste, Garbage and Floatable Debris. You shall ensure that waste, garbage, and floatable debris are not discharged to receiving waters by keeping exposed areas free of such materials or by intercepting them before they are discharged.
- 12. Dust Generation and Vehicle Tracking of Industrial Materials. You shall minimize generation of dust and off-site tracking of raw, final, or waste materials.
D.Corrective Actions
1.Conditions Requiring Review and Revision to Eliminate Problem. If any of the following conditions occur, you shall review and revise the selection, design, installation, and implementation of your control measures to ensure that the condition is eliminated and will not be repeated in the future:
a.An unauthorized release or discharge (e.g., spill, leak, or discharge of non-stormwater not authorized by this or another NPDES permit) occurs at your facility;
b.A discharge violates a numeric effluent limit;
c.You become aware, or Ohio EPA determines, that your control measures are not stringent enough for the discharge to meet applicable water quality standards;
d.An inspection or evaluation of your facility by an Ohio EPA official or local MS4 operator determines that modifications to the control measures are necessary to meet the control measures/best management practices (BMPs) in this permit; or
e.You find in your routine facility inspection or quarterly visual assessment that your control measures are not being properly operated and maintained.
2.Conditions Requiring Review to Determine if Modifications Are Necessary. If any of the following conditions occur, you shall review the selection, design, installation, and implementation of your control measures to determine if modifications are necessary to meet the Part IV.A conditions in this permit:
a.Construction or a change in design, operation, or maintenance at your facility significantly changes the nature of pollutants discharged in stormwater from your facility, or significantly increases the quantity of pollutants discharged; or
b.The average of your four quarterly sampling results exceeds an applicable benchmark (see Part V.B.7).
If less than four benchmark samples have been taken, but the results are such that an exceedance of the four quarter average is mathematically certain (i.e., if the sum of quarterly samples results to date is more than four times the benchmark level) this is considered a benchmark exceedance, triggering this review.
3.Corrective Action Deadlines. You shall document your discovery of any of the conditions listed in Part IV.D.1 and Part IV.D.2 within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of making such discovery. Subsequently, within 30 days of such discovery, you shall document any corrective action(s) to be taken to eliminate or further investigate the deficiency, or if no corrective action is needed, the basis for that determination. Specific documentation required within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and 30 days is detailed in Part IV.D.4. If you determine that changes are necessary following your review, any modifications to your control measures shall be made before the next storm event if possible, or as soon as practicable following that storm event. These time intervals are not grace periods, but are schedules considered reasonable for documenting your findings and for making Page 34 3IB00016*MD
repairs and improvements. They are included in this permit to ensure that the conditions prompting the need for these repairs and improvements are not allowed to persist indefinitely.
4.Corrective Action Report. Within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of any condition listed in Part IV.D.1 and Part IV.D.2, you shall document the following information:
- Identification of the condition triggering the need for corrective action review;
- Description of the problem identified; and
- Date the problem was identified.
Within 30 days of discovery of any condition listed in Part IV.D.1 and Part IV.D.2, you shall document the following information and submit the report to the appropriate Ohio EPA District Office:
- Summary of corrective action taken or to be taken (or, for triggering events identified in Part IV.D.2 where you determine that corrective action is not necessary, the basis for this determination);
- Notice of whether SWPPP modifications are required as a result of this discovery or corrective action:
- Date corrective action initiated; and
- Date corrective action completed or expected to be completed.
In addition to your corrective action report, you shall also include this documentation in an annual report as required in Part V. A.2 and retain onsite with your SWPPP.
5.Effect of Corrective Action. If the event triggering the review is a permit violation (e.g., non-compliance with an effluent limit), correcting it does not remove the original violation. Additionally, failing to take corrective action in accordance with this section is an additional permit violation. Ohio EPA will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations.
- 6. Substantially Identical Outfalls. If the event triggering corrective action is linked to an outfall that represents other substantially identical outfalls, your review shall assess the need for corrective action for each outfall represented by the outfall that triggered the review. Any necessary changes to control measures that affect these other outfalls shall also be made before the next storm event if possible, or as soon as practicable following that storm event.
E.Inspections
Beginning on the effective date of this permit, you shall conduct the inspections in Part IV.E.1 and Part IV.E.2 at your facility.
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1.Routine Facility Inspections.
a.Conduct routine facility inspections of all areas of the facility where industrial materials or activities are exposed to stormwater, and of all stormwater control measures used to comply with Part IV. Items A-C conditions contained in this permit.
Routine facility inspections shall be conducted at least quarterly (i.e., once each calendar quarter) although in many instances, more frequent inspection (e.g., monthly) may be appropriate for some types of equipment, processes, and control measures or areas of the facility with significant activities and materials exposed to stormwater. Perform these inspections during periods when the facility is in operation. You shall specify the relevant inspection schedules in your SWPPP document as required in Part IV. Items A-C. These routine inspections shall be performed by qualified personnel (for definition see VI - Definitions) with at least one member of your stormwater pollution prevention team participating. At least once each calendar year, the routine facility inspection shall be conducted during a period when a stormwater discharge is occurring.
You shall document the findings of each routine facility inspection performed and maintain this documentation onsite with your SWPPP. You are not required to submit your routine facility inspection findings to Ohio EPA, unless specifically requested to do so. At a minimum, your documentation of each routine facility inspection shall include:
i.The inspection date and time;
ii.The name(s) and signature(s) of the inspector(s);
iii.Weather information and a description of any discharges occurring at the time of the inspection;
iv.Any previously unidentified discharges of pollutants from the site;
v.Any control measures needing maintenance or repairs;
vi.Any failed control measures that need replacement;
vii.Any incidents of noncompliance observed; and
viii.Any additional control measures needed to comply with the permit requirements. Any corrective action required as a result of a routine facility inspection shall be performed consistent with Part IV.D of this permit.
b.Exceptions to Routine Facility Inspections:
Inactive and Unstaffed Sites: The requirement to conduct routine facility inspections on a quarterly basis does not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials or activities exposed to stormwater. Such a facility is only required to conduct an annual site inspection in accordance with the requirements of Part IV.E.1. To invoke this exception, you shall maintain a statement in your SWPPP pursuant to Part IV.F indicating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement shall be signed and certified in accordance with Part III.28. If circumstances change and industrial materials or activities become exposed to stormwater or your facility becomes active and/or staffed, this exception no longer applies and you shall immediately resume quarterly facility inspections. If you are not qualified for this exception at the time you are Page 36 3IB00016*MD
authorized under this permit, but during the permit term you become qualified because your facility is inactive and unstaffed, and there are no industrial materials or activities that are exposed to stormwater, then you shall include the same signed and certified statement as above and retain it with your records pursuant to Part IV.J.5.
Ohio EPA's Encouraging Environmental Excellence (E3) Program: If your facility has been recognized under the Gold and Platinum levels by Ohio EPA's Encouraging Environmental Excellence (E3) Program, you only need to conduct routine facility inspections for two quarters each year. If Part IV.K of this permit requires your facility to conduct routine facility inspections on a monthly basis, you only need to conduct routine facility inspections on a quarterly basis.
2.Quarterly Visual Assessment of Stormwater Discharges.
a.Quarterly Visual Assessment Procedures
Once each calendar quarter for the entire permit term you shall collect a stormwater sample from Outfall(s) 3IB00016005 - 007 and conduct a visual assessment of each of these samples. These samples are not required to be collected consistent with 40 CFR Part 136 procedures but should be collected in such a manner that the samples are representative of the stormwater discharge. The visual assessment shall be made:
- Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit area;
- On samples collected within the first 30 minutes of an actual discharge from a storm event. If it is not possible to collect the sample within the first 30 minutes of discharge, the sample shall be collected as soon as practicable after the first 30 minutes and you shall document why it was not possible to take samples within the first 30 minutes. In the case of snowmelt, samples shall be taken during a period with a measurable discharge from your site; and
- For storm events, on discharges that occur at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> (3 days) from the previous discharge.
The 72-hour (3-day) storm interval does not apply if you document that less than a 72-hour (3-day) interval is representative for local storm events during the sampling period. If it is not possible to collect the sample on discharges that occur at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> (3 days) from the previous discharge, the sample shall be collected as close to this storm interval as practicable and you shall document why it was not possible to take samples from a 72-hour (3 day) storm interval.
- Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment shall capture snowmelt discharge.
- For the following water quality characteristics: color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution.
b.Quarterly Visual Assessment Documentation
You shall document the results of your visual assessments and maintain this documentation onsite with your SWPPP. You are not required to submit your visual assessment findings to Ohio EPA, unless specifically requested to do so. At a minimum, your documentation of the visual assessment shall include:
Page 37 3IB00016*MD
- Sample location(s);
- Sample collection date and time, and visual assessment date and time for each sample;
- Personnel collecting the sample and performing visual assessment, and their signatures;
- Nature of the discharge (i.e., runoff or snowmelt);
- Results of observations of the stormwater discharge;
- Probable sources of any observed stormwater contamination; and
- If applicable, why it was not possible to take samples within the first 30 minutes and/or from a 72-hour (3 day) storm interval. Any corrective action required as a result of a quarterly visual assessment shall be performed consistent with Part IV.D of this permit.
c.Exceptions to Quarterly Visual Assessments
The following are exceptions to quarterly visual assessments:
- Adverse Weather Conditions: When adverse weather conditions prevent the collection of samples during the quarter, you shall take a substitute sample during the next qualifying storm event. Documentation of the rationale for no visual assessment for the quarter shall be included with your SWPPP records. Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical, such as drought or extended frozen conditions.
- Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment shall capture snowmelt discharge, as described in Part IV.E.2.
- Substantially identical outfalls: If your facility has two or more outfalls that you believe discharge substantially identical effluents, as documented in your SWPPP, you may conduct quarterly visual assessments of the discharge at just one of the outfalls and report that the results also apply to the substantially identical outfall(s) provided that you perform visual assessments on a rotating basis of each substantially identical outfall throughout the period of your coverage under this permit. If stormwater contamination is identified through visual assessment performed at a substantially identical outfall, you shall assess and modify your control measures as appropriate for each outfall represented by the monitored outfall.
- Inactive and unstaffed sites: The requirement for a quarterly visual assessment does not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials or activities exposed to stormwater. To invoke this exception, you shall maintain a statement in your SWPPP indicating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement shall be signed and certified in accordance with Part III.28 of this permit. If circumstances change and industrial materials or activities become exposed to stormwater or your facility becomes active and/or staffed, this exception no longer applies, and you shall immediately resume quarterly visual assessments. If you are not qualified for this exception at the time you are authorized under this permit, but during the permit term you become qualified because your facility is inactive and unstaffed, and there are no industrial Page 38 3IB00016*MD
materials or activities that are exposed to stormwater, then you shall include the same signed and certified statement as above and retain it with your records.
- Ohio EPA's Encouraging Environmental Excellence (E3) Program: If your facility has been recognized under the Gold and Platinum levels by Ohio EPA's Encouraging Environmental Excellence (E3) Program, you only need to conduct quarterly visual assessment of stormwater discharges for two quarters each year.
F.Stormwater Pollution Prevention Plan (SWPPP)
A stormwater pollution prevention plan (SWPPP) shall be developed to address each outfall that discharges to waters of the state that contains stormwater associated with industrial activity. Stormwater pollution prevention plans shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the facility. The SWPPP shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in stormwater discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the stormwater pollution prevention plan required under this part as a condition of this permit.
The SWPPP does not contain effluent limitations; the limitations or benchmarks are contained in Part I.
The SWPPP is intended to document the selection, design, and installation of control measures. As distinct from the SWPPP, the documentation requirements are intended to document the implementation (including inspection, maintenance, monitoring, and corrective action) of the permit requirements.
G.Deadlines to Update the SWPPP
1.The permittee shall continue to implement and be in compliance with the SWPPP required by the previous permit. Within six months of the effective date of this permit, the permittee shall update the SWPPP as necessary to address any new or reviewed requirements of this permit.
H.Signature Requirements and SWPPP Availability
1.Your plan shall be signed and dated in accordance with Part III, Item 28, and be retained on-site at the facility which generates the stormwater discharge.
2.You shall retain a copy of the current SWPPP required by this permit at the facility, and it shall be immediately available to Ohio EPA; a local agency approving stormwater management plans; and the operator of an MS4 receiving discharges from the site. Ohio EPA may provide access to portions of your SWPPP to a member of the public upon request. Confidential Business Information (CBI) may be withheld from the public, but may not be withheld from those staff cleared for CBI review within Ohio EPA. Your current SWPPP or certain information from your current SWPPP shall be made available to the public, except any confidential business information (CBI) or restricted information, but you shall clearly identify those portions of the SWPPP that are being withheld from public access. See 40 CFR Part 2 for relevant definitions of CBI: https://www.govinfo.gov/content/pkg/CFR-2013-title40-vol1/pdf/CFR-2013-title40-vol1-part2-subpartB.pdf.
3.All stormwater pollution prevention plans required under this permit are considered reports that shall be available to the public under Section 308(b) of the Act. Confidential Business Information (CBI) may be withheld from the public, but may not be withheld from those staff cleared for CBI review within Ohio EPA. An interested party wishing a copy of a discharger's SWPPP will have to contact the Ohio EPA to Page 39 3IB00016*MD
obtain a copy.
I.Required SWPPP Modifications
The permittee shall modify your SWPPP whenever necessary to address any of the triggering conditions for corrective action in Part IV.D and to ensure that they do not reoccur, or to reflect changes implemented when a review following the triggering conditions in Part IV.D.2 indicates that changes to your control measures are necessary to meet the control measures/best management practices (BMPs) in this permit. Changes to your SWPPP document shall be made in accordance with the corrective action deadlines in Part IV.D.3 and Part IV.D.4.
The Director may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this Part. Within 30 days of such notification from the Director, the permittee shall make the required changes to the plan and shall submit to the Director a written certification that the requested changes have been made.
J.Contents of SWPPP
The plan shall include, at a minimum, the following items:
1.Stormwater Pollution Prevention Team. You shall identify the staff members (by name or title) that comprise the facility's stormwater pollution prevention team as well as their individual responsibilities.
Your stormwater pollution prevention team is responsible for assisting the facility manager in developing and revising the facility's SWPPP as well as maintaining control measures and taking corrective actions where required. Each member of the stormwater pollution prevention team shall have ready access to either an electronic or paper copy of applicable portions of this permit and your SWPPP.
2.Site Description. Your SWPPP shall include the following:
a.Activities at the Facility. Provide a description of the nature of the industrial activities at your facility;
b.General location map. Provide a general location map (e.g. U.S. Geologic Survey (USGS) quadrangle map) with enough detail to identify the location of your facility and all receiving waters for your stormwater discharges.
c.Site map. Provide a site map showing:
- The size of the property in acres;
- The location and extent of significant structures and impervious surfaces;
- Directions of stormwater flow (use arrows);
- Locations of all existing structural control measures;
- Locations of all receiving waters in the immediate vicinity of your facility;
- Locations of all stormwater conveyances including ditches, pipes and swales;
- Locations of potential pollutant sources identified under Part IV J. 2.b; Page 40 3IB00016*MD
- Locations where significant spills or leaks identified under Part IV J. 2.b. have occurred;
- Locations of all stormwater monitoring points;
- Locations of stormwater inlets and outfalls, with a unique identification code for each outfall (e.g.
Outfall 001, Outfall 002, etc), indicating any outfalls that are considered substantially identical to another outfall, and an approximate outline of the areas draining to each outfall;
- Municipal separate storm sewer systems, where your stormwater discharges to them;
- Locations and descriptions of all non-stormwater discharges identified under Part IV. C. 10;
- Locations of the following activities where such activities are exposed to precipitation:
Fueling stations;
Vehicle and equipment maintenance and/or cleaning areas;
Loading/unloading areas;
Locations used for the treatment, storage, or disposal of wastes;
Liquid storage tanks;
Processing and storage areas;
Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility;
Transfer areas for substances in bulk;
Machinery; and
- Locations and sources of run-on to your site from adjacent property that contains significant quantities of pollutants.
3.Summary of Potential Pollutant Sources. You shall document at your facility where industrial materials or activities are exposed to stormwater and from which allowable non-stormwater discharges are released.
Industrial materials or activities, include, but are not limited to: material handling equipment or activities; industrial machinery; raw materials; industrial production and processes; and intermediate products, by-products, final product or waste product. Material handling activities include, but are not limited to: the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product. For each area identified, the description shall include, at a minimum:
a.Activities in the Area. This includes a list of industrial activities exposed to stormwater (e.g., material storage; equipment fueling, maintenance, and cleaning; cutting steel beams).
b.Pollutants. A list of the pollutant(s) or pollutant constituents (e.g, crankcase oil, zinc, sulfuric acid, and cleaning solvents) associated with each identified activity. The pollutant list shall include all significant Page 41 3IB00016*MD
materials that have been handled, treated, stored, or disposed, and that have been exposed to stormwater in the three years prior to the date you prepare or amend your SWPPP.
c.Spills and Leaks. You shall document where potential spills and leaks could occur that could contribute pollutants to stormwater discharges, and the corresponding outfall(s) that would be affected by such spills and leaks. You shall document all significant spills and leaks of oil or toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a stormwater conveyance, in the three years prior to the date you prepare or amend your SWPPP.
Note: Significant spills and leaks include, but are not limited to, releases of oil or hazardous substances in excess of quantities that are reportable under CWA Section 311 (see 40 CFR 110.6 and 40 CFR 117.21) or Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC Section 9602. This permit does not relieve you of the reporting requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302 relating to spills or other releases of oil or hazardous substances.
d.Non-Stormwater Discharges. You shall document that you have evaluated for the presence of non-stormwater discharges, except for those listed in Part I and Part IV.C.10, and that all unauthorized discharges have been eliminated. Documentation of your evaluation shall include:
- The date of any evaluation;
- A description of the evaluation criteria used;
- A list of the outfalls or onsite drainage points that were directly observed during the evaluation;
- The different types of non-stormwater discharge(s) and source locations; and
- The action(s) taken, such as a list of control measures used to eliminate unauthorized discharge(s), if any were identified. For example, a floor drain was sealed, a sink drain was re-routed to sanitary, or an NPDES permit application was submitted for an unauthorized cooling water discharge.
e.Salt Storage. You shall document the location of any storage piles containing salt used for deicing or other commercial or industrial purposes.
f.Sampling Data. A summary of existing discharge sampling data describing pollutants in stormwater dischargers from the facility.
4.Description of Control Measures. You shall document the location and type of control measures you have installed and implemented at your site to achieve the control measures/best management practices (BMPs) in Part IV.C, and where applicable, in Part IV.K. You shall describe how you addressed the control measure selection and design considerations in Part IV.B. This documentation shall describe how the control measures at your site address both the pollutant sources identified in Part IV.J.2 and any stormwater run-on that commingles with any discharges covered under this permit.
5.Schedules and Procedures.
a.Pertaining to Control Measures used to Comply with the Control Measures/Best Management Practices (BMPs). The following shall be documented in your SWPPP:
i.Good Housekeeping (See Part IV.C.2) - A schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and conditions of drums, tanks and containers.
Page 42 3IB00016*MD
ii.Maintenance (See Part IV.C.3) - Preventative maintenance procedures, including regular inspections, testing, maintenance, and repair of all industrial equipment and systems, and control measures, to avoid situations that may result in leaks, spills, and other releases, and any back-up practices in place should a runoff event occur while a control measure is off-line;
iii.Spill Prevention and Response Procedures (See Part IV.C.4) - Procedures for preventing and responding to spills and leaks. You may reference the existence of other plans for Spill Prevention Control and Countermeasure (SPCC) developed for the facility under Section 311 of the CWA or BMP programs otherwise required by an NPDES permit for the facility, provided that you keep a copy of that other plan onsite (hard copy or electronic) and make it available for review consistent with Part IV.J.5; and
iv.Employee Training (See Part IV.C.9) - A schedule for all types of necessary training.
b.Pertaining to Monitoring and Inspection. Where applicable, you shall document in your SWPPP your procedures for conducting analytical stormwater monitoring. You shall document in your SWPPP your procedures for performing, as appropriate, the two types of inspections specified by this permit, including: 1) Routine facility inspections (See Part IV.E.1) and 2) Quarterly visual assessment of stormwater discharges (See Part IV.E.2).
For each type of monitoring, your SWPPP shall document:
- Locations where samples are collected, including any determination that two or more outfalls are substantially identical;
- Parameters for sampling and the frequency of sampling for each parameter;
- Schedules for monitoring at your facility (see Part 6.1.6);
- Any numeric control values (benchmarks, effluent limitations guidelines, or other requirements) applicable to discharges from each outfall; and
- Procedures (e.g., responsible staff, logistics, laboratory to be used, etc.) for gathering storm event data.
For each type of inspection performed, your SWPPP shall identify:
- Person(s) or positions of person(s) responsible for inspection;
- Schedules for conducting inspections; and
- Specific items to be covered by the inspection, including schedules for specific outfalls.
If you are invoking the exception for inactive and unstaffed sites relating to routine facility inspections and quarterly visual assessments, you shall include in your SWPPP the information to support this claim as required by Parts V.E. If you are invoking the exception for inactive and unstaffed sites for benchmark monitoring, you shall include in your SWPPP the information to support this claim.
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You shall document the following in your SWPPP if you plan to use the substantially identical outfall exception for your quarterly visual assessment requirements in Part IV.E.2 or your benchmark monitoring requirements in Part V:
- Location of each of the substantially identical outfalls;
- Description of the general industrial activities conducted in the drainage area of each outfall;
- Description of the control measures implemented in the drainage area of each outfall;
- Description of the exposed materials located in the drainage area of each outfall that are likely to be significant contributors of pollutants to stormwater discharges;
- An estimate of the runoff coefficient of the drainage areas (low = under 40%; medium = 40 to 65%; high = above 65%); and
- Why the outfalls are expected to discharge substantially identical effluents.
6.Documentation Requirements. You are required to keep inspection, monitoring, and certification records with your SWPPP that together keep your records complete and up-to-date, and demonstrate your full compliance with the conditions of this permit:
- A copy of this permit (an electronic copy easily available to SWPPP personnel is also acceptable);
- Descriptions and dates of any incidences of significant spills, leaks, or other releases that resulted in discharges of pollutants to surface waters of the State, through stormwater or otherwise; the circumstances leading to the release and actions taken in response to the release; and measures taken to prevent the recurrence of such releases (see Part IV.C.4);
- Records of employee training, including date training received (see Part IV.C.9);
- Documentation of maintenance and repairs of control measures, including the date(s) of regular maintenance, date(s) of discovery of areas in need of repair/replacement, and for repairs, date(s) that the control measure(s) returned to full function, and the justification for any extended maintenance/repair schedules (see Part IV.C.3);
- All inspection reports, including the Routine Facility Inspection Reports (see Part IV.E.1) and the Quarterly Visual Assessment Reports (see Part IV.E.2);
- Description of any deviations from the schedule for visual assessments and/or monitoring, and the reason for the deviations (e.g., adverse weather or it was impracticable to collect samples within the first 30 minutes and/or from a 72-hour (3 day) storm interval) (see Parts IV.E.2.a, Part V.B.4
& 7);
- Description of any corrective action taken at your site, including triggering event and dates when problems were discovered and modifications occurred;
- Documentation of any benchmark exceedances and how they were responded to, including either (1)corrective action taken, (2) a finding that the exceedance was due to natural background pollutant levels, or (3) a finding that no further pollutant reductions were technologically Page 44 3IB00016*MD
available and economically practicable and achievable in light of best industry practice consistent with Part V.B.7;
- Documentation to support any determination that pollutants of concern are not expected to be present above natural background levels if you discharge directly to impaired waters, and that such pollutants were not detected in your discharge or were solely attributable to natural background sources (see Part V.B.7); and
- Documentation to support your claim that your facility has changed its status from active to inactive and unstaffed with respect to the requirements to conduct routine facility inspections (see Part IV.E.1), quarterly visual assessments (see Part IV.E.2), and/or benchmark monitoring (see Part V.B.7).
Where your SWPPP refers to procedures in other facility documents, such as a Spill Prevention, Control and Countermeasure (SPCC) Plan or an Environmental Management System (EMS) developed for a National Environmental Performance Track facility, copies of the relevant portions of those documents shall be kept with your SWPPP.
K.Sector-Specific Requirements
Sector O - Steam Electric Generating Facilities.
You shall comply with the following sector-specific requirements associated with your primary industrial activity and any co-located industrial activities, as defined in Part VI. The sector-specific requirements apply to those areas of your facility where those sector-specific activities occur. These sector-specific requirements are in addition to any requirements specified elsewhere in this permit.
1.Limitations on Coverage - Except for process discharges covered under Part I and other allowable discharges listed in Part IV.C.10
a.Prohibition of Non-Stormwater Discharges. Non-stormwater discharges subject to effluent limitations guidelines are not covered by this permit.
b.Prohibition of Stormwater Discharges. Stormwater discharges from the following are not covered by this permit:
i.ancillary facilities (e.g., fleet centers and substations) that are not contiguous to a stream electric power generating facility;
ii.gas turbine facilities (providing the facility is not a dual-fuel facility that includes a steam boiler), and combined-cycle facilities where no supplemental fuel oil is burned (and the facility is not a dual-fuel facility that includes a steam boiler); and
iii.cogeneration (combined heat and power) facilities utilizing a gas turbine.
2.Additional Control Measures/Best Management Practices (BMPs). The following good housekeeping measures are required in addition to Part IV.C.2:
a.Fugitive Dust Emissions. Minimize fugitive dust emissions from coal handling areas. To minimize the tracking of coal dust offsite, consider procedures such as installing specially designed tires or washing vehicles in a designated area before they leave the site and controlling the wash water.
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b.Delivery Vehicles. Minimize contamination of stormwater runoff from delivery vehicles arriving at the plant site. Consider procedures to inspect delivery vehicles arriving at the plant site and ensure overall integrity of the body or container and procedures to deal with leakage or spillage from vehicles or containers.
c.Fuel Oil Unloading Areas. Minimize contamination of precipitation or surface runoff from fuel oil unloading areas. Consider using containment curbs in unloading areas, having personnel familiar with spill prevention and response procedures present during deliveries to ensure that any leaks or spills are immediately contained and cleaned up, and using spill and overflow protection devices (e.g., drip pans, drip diapers, or other containment devices placed beneath fuel oil connectors to contain potential spillage during deliveries or from leaks at the connectors).
d.Chemical Loading and Unloading. Minimize contamination of precipitation or surface runoff from chemical loading and unloading areas. Consider using containment curbs at chemical loading and unloading areas to contain spills, having personnel familiar with spill prevention and response procedures present during deliveries to ensure that any leaks or spills are immediately contained and cleaned up, and loading and unloading in covered areas and storing chemicals indoors.
e.Miscellaneous Loading and Unloading Areas. Minimize contamination of precipitation or surface runoff from loading and unloading areas. Consider covering the loading area; grading, berming, or curbing around the loading area to divert run-on; locating the loading and unloading equipment and vehicles so that leaks are contained in existing containment and flow diversion systems; or equivalent procedures.
f.Liquid Storage Tanks. Minimize contamination of surface runoff from above-ground liquid storage tanks. Consider protective guards around tanks, containment curbs, spill and overflow protection, dry cleanup methods, or equivalent measures.
g.Large Bulk Fuel Storage Tanks. Minimize contamination of surface runoff from large bulk fuel storage tanks. Consider containment berms (or their equivalent). You shall also comply with applicable State and Federal laws, including Spill Prevention, Control and Countermeasure (SPCC) Plan requirements.
h.Spill Reduction Measures. Minimize the potential for an oil or chemical spill, or reference the appropriate part of your SPCC plan. Visually inspect as part of your routine facility inspection the structural integrity of all above-ground tanks, pipelines, pumps, and related equipment that may be exposed to stormwater, and make any necessary repairs immediately.
i.Oil-Bearing Equipment in Switchyards. Minimize contamination of surface runoff from oil-bearing equipment in switchyard areas. Consider using level grades and gravel surfaces to retard flows and limit the spread of spills, or collecting runoff in perimeter ditches.
j.Residue-Hauling Vehicles. Inspect all residue-hauling vehicles for proper covering over the load, adequate gate sealing, and overall integrity of the container body. Repair vehicles without load covering or adequate gate sealing, or with leaking containers or beds.
k.Ash Loading Areas. Reduce or control the tracking of ash and residue from ash loading areas. Clear the ash building floor and immediately adjacent roadways of spillage, debris, and excess water before departure of each loaded vehicle.
l.Areas Adjacent to Disposal Ponds or Landfills. Minimize contamination of surface runoff from areas adjacent to disposal ponds or landfills. Reduce ash residue that may be tracked on to access roads traveled Page 46 3IB00016*MD
by residue handling vehicles, and reduce ash residue on exit roads leading into and out of residue handling areas.
m.Landfills, Scrap yards, Surface Impoundments, Open Dumps, General Refuse Sites. Minimize the potential for contamination of runoff from these areas.
3.Additional SWPPP Requirements.
a.Drainage Area Site Map. (See also Part IV.J.2.) Document in your SWPPP the locations of any of the following activities or sources that may be exposed to precipitation or surface runoff: storage tanks, scrap yards, and general refuse areas; short-and long-term storage of general materials (including but not limited to supplies, construction materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizer, and pesticides); landfills and construction sites; and stock pile areas (e.g., coal or limestone piles).
b.Documentation of Good Housekeeping Measures. You shall document in your SWPPP the good housekeeping measures implemented to meet the effluent limits in Part IV.K.2.
4.Additional Inspection Requirements.
a.As part of your inspection, inspect the following areas monthly: coal handling areas, loading or unloading areas, switchyards, fueling areas, bulk storage areas, ash handling areas, areas adjacent to disposal ponds and landfills, maintenance areas, liquid storage tanks, and long term and short term material storage areas.
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PART V. MONITORING AND REPORTING REQUIREMENTS
A.Reporting and Recordkeeping
- 2. Annual Report. You shall complete an annual report using the Annual Reporting Form provided by Ohio EPA at the following location:
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fepa.ohio.gov%2Fstatic%2FPortals
%2F35%2Fpermits%2FOHR000006%2FARForm.docx&wdOrigin=BROWSELINK
You are not required to submit your annual report to Ohio EPA unless specifically requested. The timeframe to complete the report is at the discretion of the permittee but the same schedule to complete shall be maintained throughout this permit term. You shall keep the completed annual reports with your SWPPP.
B.Stormwater Monitoring Requirements - Reserved Page 48 3IB00016*MD
PART VI. DEFINITIONS AND ACRONYMS
Action Area - all areas to be affected directly or indirectly by the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities, and not merely the immediate area involved in these discharges and activities.
Best Management Practices (BMPs) - schedules of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to surface waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. See 40 CFR 122.2.
Co-located Industrial Activities - Any industrial activities, excluding your primary industrial activity(ies),
located on-site that are defined by the stormwater regulations at 122.26(b)(14)(i)-(ix) and (xi). An activity at a facility is not considered co-located if the activity, when considered separately, does not meet the description of a category of industrial activity covered by the stormwater regulations or identified by the SIC code list in the Industrial Multi-Sector General Permit OHR000007, Appendix D.
Control Measure - refers to any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to surface waters of the State.
Director - the Director of the Ohio Environmental Protection Agency (Ohio EPA).
Discharge - when used without qualification, means the "discharge of a pollutant." See 40 CFR 122.2.
Discharge of a pollutant - any addition of any "pollutant" or combination of pollutants to "surface waters of the State" from any "point source", or any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This includes additions of pollutants into surface waters of the State from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. See 40 CFR 122.2.
Discharge-related activities - activities that cause, contribute to, or result in stormwater and allowable non-stormwater point source discharges, and measures such as the siting, construction and operation of BMPs to control, reduce, or prevent pollution in the discharges.
Drought-stricken area - a period of below average water content in streams, reservoirs, ground-water aquifers, lakes and soils.
U.S. EPA Approved or Established Total Maximum Daily Loads (TMDLs) - "U.S. EPA Approved TMDLs" are those that are developed by a State and approved by U.S. EPA. "U.S. EPA Established TMDLs" are those that are developed by U.S. EPA.
Existing Discharger - an operator applying for coverage under this permit for discharges authorized previously under an NPDES general or individual permit.
Facility or Activity - any NPDES "point source" (including land or appurtenances thereto) that is subject to regulation under the NPDES program. See 40 CFR 122.2.
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Federal Facility - any buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property, owned by, or constructed or manufactured for the purpose of leasing to, the federal government.
Illicit Discharge - is defined at 40 CFR 122.26(b)(2) and refers to any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges authorized under an NPDES permit (other than the NPDES permit for discharges from the MS4) and discharges resulting from fire fighting activities.
Impaired Water (or "Water Quality Impaired Water" or "Water Quality Limited Segment") - A water is impaired for purposes of this permit if it has been identified by a State or U.S. EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State water quality standards (these waters are called "water quality limited segments" under 40 CFR 30.2(j)). Impaired waters include both waters with approved or established TMDLs, and those for which a TMDL has not yet been approved or established.
Industrial Activity - the 10 categories of industrial activities included in the definition of "stormwater discharges associated with industrial activity" as defined in 40 CFR 122.26(b)(14)(i)-(ix) and (xi).
Industrial Stormwater - stormwater runoff from industrial activity.
Municipal Separate Storm Sewer - a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(i)Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to surface waters of the State;
(ii)Designed or used for collecting or conveying stormwater;
(iii)Which is not a combined sewer; and
(iv)Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. See 40 CFR 122.26(b)(4) and (b)(7).
New Discharger - a facility from which there is a discharge, that did not commence the discharge at a particular site prior to August 13, 1979, which is not a new source, and which has never received a finally effective NPDES permit for discharges at that site. See 40 CFR 122.2.
New Source - any building, structure, facility, or installation from which there is or may be a "discharge of pollutants", the construction of which commenced:
- after promulgation of standards of performance under section 306 of the CWA which are applicable to such source, or
- after proposal of standards of performance in accordance with section 306 of the CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal. See 40 CFR 122.2.
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New Source Performance Standards (NSPS) - technology-based standards for facilities that qualify as new sources under 40 CFR 122.2 and 40 CFR 122.29.
No exposure - all industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. See 40 CFR 122.26(g).
Ohio EPA - the Ohio Environmental Protection Agency.
Operator - any entity with a stormwater discharge associated with industrial activity that meets either of the following two criteria:
(i)The entity has operational control over industrial activities, including the ability to modify those activities; or
(ii)The entity has day-to-day operational control of activities at a facility necessary to ensure compliance with the permit (e.g., the entity is authorized to direct workers at a facility to carry out activities required by the permit).
Person - an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof. See 40 CFR 122.2.
Point source - any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. See 40 CFR 122.2.
Pollutant - dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water. See 40 CFR 122.2.
Pollutant of concern - A pollutant which causes or contributes to a violation of a water quality standard, including a pollutant which is identified as causing an impairment in a state's 303(d) list.
Primary industrial activity - includes any activities performed on-site which are (1) identified by the facility's primary SIC code; or (2) included in the narrative descriptions of 122.26(b)(14)(i), (iv), (v), or (vii), and (ix). [For co-located activities covered by multiple SIC codes, it is recommended that the primary industrial determination be based on the value of receipts or revenues or, if such information is not available for a particular facility, the number of employees or production rate for each process may be compared. The operation that generates the most revenue or employs the most personnel is the operation in which the facility is primarily engaged. In situations where the vast majority of on-site activity falls within one SIC code, that activity may be the primary industrial activity.] Narrative descriptions in 40 CFR 122.26(b)(14) identified above include: (i) activities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards; (iv) hazardous waste treatment storage, or disposal facilities including those that are operating under interim status or a permit under subtitle C of the Resource Conservation and Recovery Act (RCRA); (v) landfills, land application sites and open dumps that receive or have received industrial wastes; (vii) steam electric power generating facilities; and (ix) sewage treatment works with a design flow of 1.0 mgd or more.
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Qualified Personnel - Qualified personnel are those who possess the knowledge and skills to assess conditions and activities that could impact stormwater quality at your facility, and who can also evaluate the effectiveness of control measures.
Reportable Quantity Release - a release of a hazardous substance at or above the established legal threshold that requires emergency notification. Refer to 40 CFR Parts 110, 117, and 302 for complete definitions and reportable quantities for which notification is required.
Runoff coefficient - the fraction of total rainfall that will appear at the conveyance as runoff. See 40 CFR 122.26(b)(11).
Run-On - sources of stormwater that drain from land located upslope or upstream from the regulated facility in question.
Semi-Arid Climate - areas where annual rainfall averages from 10 to 20 inches.
Significant materials - includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. See 40 CFR 122.26(b)(12).
Special Aquatic Sites - sites identified in 40 CFR 230 Subpart E. These are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region.
Stormwater - stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR 122.26(b)(13).
Stormwater Discharges Associated with Construction Activity - a discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavating), construction materials, or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15).
Stormwater Discharges Associated with Industrial Activity - the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under Part 122. For the categories of industries identified in this section, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at part 401 of this chapter); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the purposes of this paragraph, material handling activities include storage, loading and Page 52 3IB00016*MD
unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities include those that are federally, State, or municipally owned or operated that meet the description of the facilities listed in 40 CFR 122.26(b)(14).
Surface Waters of the State - Means all streams, lakes, ponds, marshes, watercourses, waterways, springs, irrigation systems, drainage systems, and all other bodies or accumulations of surface water, natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface waters.
Total Maximum Daily Loads (TMDLs) - A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges; load allocations (LAs) for nonpoint sources and/or natural background, and shall include a margin of safety (MOS) and account for seasonal variations. (See section 303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7).
Water Quality Impaired - See "Impaired Water".
Water Quality Standards - A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States and U.S. EPA adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (See CWA sections 101(a)2 and 303(c)). Water quality standards also include an antidegradation policy. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994).
"You" and "Your" - as used in this permit are intended to refer to the permittee, the operator, or the discharger as the context indicates and that party's facility or responsibilities. The use of "you" and "your" refers to a particular facility and not to all facilities operated by a particular entity. For example, "you shall submit" means the permittee shall submit something for that particular facility. Likewise, "all your discharges" would refer only to discharges at that one facility.
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ABBREVIATIONS AND ACRONYMS
BAT - Best Available Technology Economically Achievable
BOD5 - Biochemical Oxygen Demand (5-day test)
BMP - Best Management Practice
BPJ - Best Professional Judgment
BPT - Best Practicable Control Technology Currently Available
CERCLA - Comprehensive Environmental Response, Compensation and Liability Act
CGP - Construction General Permit
COD - Chemical Oxygen Demand
CWA - Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
CWT - Centralized Waste Treatment
DMR - Discharge Monitoring Report
U.S. EPA - U. S. Environmental Protection Agency
FWS - U. S. Fish and Wildlife Service
LA - Load Allocations
MDMR - MSGP Discharge Monitoring Report
MGD - Million Gallons per Day
MOS - Margin of Safety
MS4 - Municipal Separate Storm Sewer System
MSDS - Material Safety Data Sheet
MSGP - Multi-Sector General Permit
NAICS - North American Industry Classification System
NMFS - U. S. National Marine Fisheries Service
NOI - Notice of Intent
NOT - Notice of Termination
NPDES - National Pollutant Discharge Elimination System Page 54 3IB00016*MD
NRC - National Response Center
NTU - Nephelometric Turbidity Unit
OMB - U. S. Office of Management and Budget
ORW - Outstanding Resource Water
OSM - U. S. Office of Surface Mining
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
RQ - Reportable Quantity
SARA - Superfund Amendments and Reauthorization Act
SIC - Standard Industrial Classification
SMCRA - Surface Mining Control and Reclamation Act
SPCC - Spill Prevention, Control, and Countermeasures
SWPPP - Stormwater Pollution Prevention Plan
TMDL - Total Maximum Daily Load
TSDF - Treatment, Storage, or Disposal Facility
TSS - Total Suspended Solids
USGS - United States Geological Survey
WLA - Wasteload Allocation
WQS - Water Quality Standard